MOHAN SINGH Vs. ANGREJ KAUR AND OTHERS

JUDGEMENT

(1.) This appeal against acquittal has been filed by Mohan Singh, complainant, against the judgment dated 16.1.1996, passed by the Judicial Magistrate, 1st Class, Faridkot, acquitting the accused- respondents of the charges under S. 406 IPC and Sections 4 and 6 of the Dowry Prohibition Act.

(2.) Complainant in this case is Mohan Singh, father of Smt. Simarjit Kaur (since deceased). As per the case of the complainant, he had married his daughter Smt. Simarjit Kaur about 1 year and 2 months prior to the filing of the criminal complaint with Jaswinder Singh, son of accused Ajaib Singh and accused Tej Kaur and had given dowry articles as per his financial capacity and the dowry articles were given as Istri Dhan. The list of dowry articles was attached with the criminal complaint. It was alleged that from the dowry, Jaswinder Singh (husband) his parents and accused Angrej Kaur (Massi/Tai) were not happy and they used to demand more dowry. It was alleged that on 23.5.1992, Jaswinder Singh (husband) and accused Angrej Kaur administered poison to Smt. Simarjit Kaur, deceased resulting in her death on 24.5.1992 and a case under Section 304-B IPC was registered in PS Sadar Kotkapura vide FIR No. 19 dated 25.5.1992 and that the case was still pending trial. It was alleged that the complainant had entrusted the Istri Dhan of Smt. Simarjit Kaur to Jaswinder Singh and accused Angrej Kaur and they had assured him that the Istri Dhan would be given to his daughter Smt. Simarjit Kaur. It was alleged that the said entrustment had taken place in the presence of various witnesses namely the complainant and that the Istri Dhan was entrusted to Jaswinder Singh his father Ajaib Singh (accused) and his uncle Mithu Singh (accused). It was alleged that even on the next day of the marriage when accused Smt. Angrej Kaur and accused Smt. Tej Kaur had come to the village for Muklawa, the complainant had given golden rings to them and also to the other accused namely Ajaib Singh and Mithu Singh, in the presence of Gurdev Singh. It was alleged that the dowry articles which were given as Istri Dhan were still with the accused and the accused have mis-appropriated the same and had not returned the dowry articles. After recording preliminary evidence, accused were summoned in this case. Thereafter all the accused were charged under Section 406 IPC and Section 6 of the Dowry Prohibition Act. Accused Smt. Angrej Kaur was also charged under Section 4 of the Dowry Prohibition Act, to which charge accused respondents pleaded not guilty. Complainant examined various witnesses in support of his case. Thereafter, statements of the accused under Section 313 Cr.P.C., were recorded in which they denied prosecution allegations against them and stated that they were innocent and had been falsely implicated in this case. In their defence the accused examined DW1 Shankar Lal, DW2 Ajaib Singh Sarpanch, DW3 Harbans Singh, Food Inspector, besides examining Gurdial Singh, Chowkidar. The learned Judicial Magistrate, after hearing both sides and after perusing the record acquitted the accused respondents of the various charges framed against them vide judgment dated 16.1.1996. Aggrieved against the same, complainant filed the present appeal against acquittal in this Court.

(3.) I have heard the learned Counsel for the complainant appellant and have gone through the record carefully.